Overview

This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.

Full Product Details

Author:   Hector L. MacQueen (Scottish Law Commissioner, University of Edinburgh) ,  Reinhard Zimmermann (Max-Planck-Institut, Hamburg)
Publisher:   Edinburgh University Press
Imprint:   Edinburgh University Press
Dimensions:   Width: 15.60cm , Height: 2.40cm , Length: 23.40cm
Weight:   0.870kg
ISBN:  

9780748624256

ISBN 10:   0748624252
Pages:   400
Publication Date:   15 February 2006
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Temporarily unavailable  
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Table of Contents

Preface; List of Contributors; List of Abbreviations; 1. Ius Commune and the Principles of European Contract Law - Contemporary Renewal of an Old Idea, Reinhard Zimmermann; 2. Good Faith, Hector L. MacQueen; 3. Offer, Acceptance, and the Moment of Contract Formation, Geo Quinot; 4. The Battle of Forms, Angelo D. M. Forte; 5. Agency, Laura Macgregor; 6. Threats and Excessive Benefits or Unfair Advantage, Jacques du Plessis; 7. Interpretation, Eric Clive; 8. Third-Party Contracts, Philip Sutherland; 9. Payment, Charl Hugo; 10. Specific Performance and Special Damages, Sieg Eiselen; 11. Termination for Breach of Contract, Tjakie Naude; 12. Assignment, Gerhard Lubbe; 13. Capitalisation of Interest, Max Loubser; Appendix: The Principles of European Contract Law; Table of Cases; Index.

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Author Information

Hector MacQueen has been a member of the Edinburgh Law School since 1979. Appointed to the Chair of Private Law in 1994, he was Dean of the Law School 1999-2003, and Dean of Research and Deputy Head of the College of Humanities and Social Science in the University 2004-2008. He is currently a Scottish Law Commissioner. He is the author of many books and articles on Scots law and its historical development in comparative perspective, and of key textbooks such as The Scottish Legal System (5th edition) (2013), Unjustified Enrichment Law Basics (3rd edition) (2013), and Studying Scots Law 4th edition (2012). Reinhard Zimmermann is Director of the Max Planck Institute for Foreign Private and Private International Law, Hamburg, and Professor of Private Law, Roman Law, and Comparative Law in the University of Regensburg.

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